My plan is to go with small claim court. Here is the email I am forwarding to the seller - Please help me to correct any sentences or if you would like to add anything.
Hi XXXX:
1. We have accepted your price of $340,000.00 and signed a Residential Purchase Contract on March 4, 2020 with financing and inspection conditions. The condition removal date was on March 16, 2020 at 9 PM.
2. We were confident enough to complete the deal. Therefore, we informed our landlord on March 5, 2020 that we would leave the house at the end of March 31, 2020. See attached screenshots for notice to landlord and packed for moving.
3. We paid for around $400.00 and completed the inspection by the certified master inspector, XXX and found some defectives along with a major safety issue of patio wall in your house.
4. We started to negotiate through our realtor for defectives and agreed on what you offered us before the condition removal date and time. Please see below that you offered us $2,000.00 of compensation and would repair walks & steps in the front, small pocket gate beside the garage and wooden steps to side door. In another email, your realtor has informed us that the repair would be done before possession (we will have to work out weather depending repairs) and we are okay with it.
5. Your realtor has informed us on March 16, 2020 at 7:39 pm, that “Hi XXX. I'm very sorry. But the seller has made up her mind. She was actually very frustrated last night by the negotiations and was having second thoughts, as I mentioned in our text. But now the potential for new buyers has her convinced she will not offer any concessions. I understand that your buyers have spent the last couple days trying to get a few more thousand dollars to repair the items. But now she has the opportunity to sell the home for more money and is choosing that option. ”
6. I strongly believe that you have breached the contract when we accepted your offer of compensation for defectives before the condition removal date as per our signed Residential Purchase Contract. We also submitted the signed amendment to remove the financing and inspection conditions before the condition date and time.
Although I don’t want to do it, I wouldn’t have any choice other than taking you to the court unless you agree on what you offered us regarding the compensation for defectives and sell the house to us. We will leave it to a Judge to decide about it. If you sell the house to us, we will really take good care of your house.
Here is the court case in BC that is very similar to what is happening with us now. I have two years from the breach of contract date on March 16, 2020 to file a claim in the court.
Sun v. Kang, 2019 BCSC 1016. I have attached the judgment in case the following doesn’t work.
https://www.bccourts.ca/jdb-txt/sc/19/10/2019BCSC1016.htm
Therefore, I am requesting you to reconsider what you offered to us on March 14, 2020 and honor it. Otherwise, we will not have any place to live after March 31, 2020. What would you do if you were in our position now? I believe we can still make it right and fair for both parties.
Regards,